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Avoiding a Claim of Deliberate Indifference
What is Deliberate Indifference?
The concept of "deliberate indifference" has been a legal concept for over forty five years, and the subject of two major Supreme Court decisions. A case in 1976 (Estelle v. Gamble) established deliberate indifference as a standard for alleging Eight Amendment violations for cruel and unusual punishment. A second case in 1994 (Farmer v. Brennan) further defined and clarified the concept of deliberate indifference, and how liability can be attributed to an administrator responsible for the care or custody of others.
Corrections officials, for example, my be held responsible if they knew of a condition affecting the health or safety of an offender and failed to respond reasonably to address it.
Modern corrections administration is a complex and difficult job, with more responsibilities and details than ever before. At Guard1, we consider it our job to make yours easier.
How Guard1 helps you avoid a claim of deliberate indifference
How can Guard1 help you avoid a claim of deliberate indifference?
- Documenting well-being checks. This is a core capability of Guard1. In most jurisdictions, checks are mandated by law, and compliance failures can create liability for you – especially in the event of a suicide or other incident.
- Managing staff. Your officers and staff are busier, too, especially in these times of COVID, doing more with less, and turnover. When staff fail to complete required tasks – especially if the problem is chronic – it can lead to a charge of deliberate indifference. With Guard1 you will know whether staff tasks are completed – or not.
- Facility obligations. You have a long list of requirements, such as safety inspections, staff training, cleaning, medical appointments, services, recreations, showers. Guard1 documents all of these, and it will tell you if any were missed.
Correctional administrators have often told us of how their Guard1 system provided documented proof of their responsible actions, in legal challenges for suicide and other incidents.
Contact your Guard1 sales manager to learn how a Guard1 system can help your facility avoid liability and run more efficiently.